Appeals court judges 'will not let Donald Trump get away with his coded language': expert
There is little chance of Donald Trump winning his appeal of the gag order in the 2020 election case, former federal prosecutor Glenn Kirschner contends. But the gag order could be more narrowly designed.
The heated debate over the Republican candidate's right to free speech versus his ability to endanger courtroom officials via social media screeds stretched well beyond the anticipated 40 minutes Kirschner estimated it would take, he told MSNBC's Alicia Menendez on Monday.
But despite two hours and 20 minutes of talk, Kirschner contends Trump's lawyers couldn't make their case and quoted Judge Patricia Millett to make his point.
"She said: 'There is a clear pattern of Donald Trump issuing statements and witness threats following,'" Kirschner recounted. "Then she pointed to what she said is the 'accepted principle of law' that 'people intend the natural and probable consequences of their actions.'"
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According to Kirschner, this was a clear sign the court was not buying what Trump's lawyers were selling.
"It was pretty clear they were not going to let Donald Trump get away with his code of talking," Kirschner said.
Kirschner believes the most likely ruling will be a fine-tuned gag order with specific limits on what topic Trump can cover in public speech.
"They were going to likely find there was some balance to be struck in favor of restraining, perhaps very narrowly, some of what Donald Trump is permitted to say and post about, witnesses and perhaps about court staff," he said.
Kirschner went on to say that things got "dicy" when they began asking the federal prosecutor's side about why Trump couldn't talk about special counsel Jack Smith, or why only Jack Smith should be covered.
"I walked out of there not knowing or being confident of precisely what these three court judges may end up ruling," said Kirschner.
See the full conversation in the video below.
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